Excessive Fines & Cruel and Unusual Punishment
The Eighth Amendment protects you from excessive fines and from cruel and unusual punishment by the government.
Is This You?
Does This Sound Like You?
- The government took your car, cash or property out of all proportion to what happened
- You were hit with fines and fees far beyond what the law allows
- You were held in conditions that were cruel or degrading
What Does the Eighth Amendment Protect?
Freedom From Excessively Harsh Punishment
The Eighth Amendment denies government officials authority to impose excessive fines or inflict cruel and unusual punishments.
In Timbs v. Indiana, 139 S. Ct. 682 (2019), the Supreme Court held that the Eighth Amendment’s Excessive Fines Clause is an incorporated protection applicable to the states — “fundamental to our scheme of ordered liberty” and “deeply rooted in this Nation’s history and tradition.”
The decision reiterates the right to be free from excessively harsh punishment at the hands of the government.
A Landmark Case
Timbs v. Indiana
The Forfeiture
The state sought to forfeit Tyson Timbs’ Land Rover, bought for approximately $42,000 — roughly four times the $10,000 maximum statutory fine for his offense.
The Trial Court
The trial court denied the state’s action, ruling that the forfeiture would be an excessive fine under the Eighth Amendment, grossly disproportional to the seriousness of the offense.
The Supreme Court
The Indiana Supreme Court reversed, but the U.S. Supreme Court held that the Excessive Fines Clause applies to the states.
Read the full story in Seek justice against excessive bail, impose excessive fines, or inflict cruel and unusual punishments.
Compensation
What You Can Recover
Return of property
Getting back property that was taken unlawfully.
Reduced or cancelled fines
Fines and forfeitures that are grossly out of proportion can be challenged.
Compensation
Damages for cruel and unusual treatment, and attorney’s fees in successful federal civil rights cases.
Do Not Wait
Deadlines
- Deadlines vary. If property was seized, the time to contest a forfeiture can be very short - often weeks, not months. Call right away.
Speak With Joel Silberman
Get Help for Curative Remedies
If you have been subjected to excessive fines or cruel and unusual punishments, you have a right to curative remedies. Call The Law Offices of Joel Silberman, LLC at 201-420-1913 or email us at joel@joelsilbermanlaw.com for a free consultation.